Petitioners, accused of cheating a complainant over an unpaid house construction agreement along with abuse and threats, sought quashing of the FIR. The Court declined to interfere at the pre-final-report stage and dismissed the petition.
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Crl.O.P(MD).No.18567 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.06.2024
CORAM :
THE HON'BLE MR JUSTICE A.A.NAKKIRAN
Crl.O.P(MD).No.18567 of 2021 and Crl.M.P(MD).No.10250 of 2021
1.Gokulkumar
2.Jothi @ Christyjothi
3.Manivannan
... Petitioners
Vs.
2.Suriya Prakash Narayanan ... Respondents
PRAYER:- Petition filed under Section 482 Cr.P.C., to call for records pertaining to the First Information Report in Cr.No.540 of 2021 on the file of the 1st respondent Police and quash the same.
For Petitioner : Mr.T. Vadivelan For Respondent No.1 : Mr.R.M.Anbunithi Additional Public Prosecutor For 2nd respondent : Mr.M.Kaushikan
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Crl.O.P(MD).No.18567 of 2021
O R D E R
This Criminal Original Petition has been filed to call for records pertaining to the First Information Report in Cr.No.540 of 2021 on the file of the 1st respondent Police and quash the same.
entered into an agreement with the first petitioner, who is a building Contractor, for constructing a house at Jemi J.P Nagar, Thamaraipatti, Othakadai, Madurai and paid the amount. After receiving the amount, the petitioners failed to comply with the terms and conditions as per the agreement and also they have threatened the 2nd respondent / defacto complainant with dire consequences and also abused him in filthy language. Hence, the case has been registered against the petitioners for the offence under sections 420, 294(b) and 506(i) IPC. Challenging the same, the petitioners herein have filed the present petition before this Court.
submitted that since the 2nd respondent failed to pay the amount towards constructions works, that there was a difference opinion between them. 2/5
Crl.O.P(MD).No.18567 of 2021
Due to which, the petitioners herein have been falsely roped in this case and prays for allowing this petition.
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Crl.O.P(MD).No.18567 of 2021
the witnesses and that the final report is yet to be filed within a week, this Court is not inclined to allow this petition at this stage.
Consequently, the connected Miscellaneou Petition is closed.
07.06.2024
Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp
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Crl.O.P(MD).No.18567 of 2021
A.A.NAKKIRAN, J.
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Crl.O.P(MD).No.18567 of 2021 and Crl.M.P(MD).No.10250 of 2021
07.06.2024
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1 issue framed by the court
Whether the FIR in Cr.No.540 of 2021 registered against the petitioners for cheating, obscenity and criminal intimidation should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
Gokulkumar
Jothi @ Christyjothi
Manivannan
The Inspector of Police, Othakadai Police Station, Othakadai, Madurai District
Suriya Prakash Narayanan
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
